Reso 4010APPLICATION 23-JIM-87
CITY OF CUPERTINO
10430 S. De Anza Blvd.
Cupertino, California 95014
RFSO1=0N NO. 4010
OF THE PIAN11ING COMMISSION OF THE CITY OF CUPERTIM
APPROVING A PARCEL MAP TO SUBDIVIDE ONE PARCEL
INTO FOUR PARCELS FOR RESIDE17TIAL USE PURPOSES
SECTION I • FINDINGS
F*XRFA.S, the Planning Commission of the City of Cupertino received an
application for •a Tentative Subdivision Map, as described on Page 2 of
this Resolution; and
wHERFAS, the necessary public notices have been given as required by the
subdivision and Procedural Ordinances of the City of Cupertino, and the-
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Planning Commission has held at least one Public Hearing in regai:a to the
application; and
jmmEAS, the Planning Commission finds that the application meets the
following requirements:
rements:
a) That the proposed subdivision map is consistent with the City of
Cupertino General Plan and any applicable Specific Plan.
b) That the design or improvement of the proposed subdivision is
consistent with the General Plan and any applicable Specific Plan. -
c) That the site is physically suitable for the type and intensity of
development contemplated under the approved subdivision.
d) That the design of the subdivision or the proposed improvements are
not likely are not likely to cause substantial environmental damage" -
nor substantially and avoidably injure fish and wildlife�or- their
habitat. •
e) That the design of the subdivision or the type of improvements
associated therewith are not detrimental to the health, safety,
peace, morals and general welfare of persons residing or working in
the vicinity of the subdivision.
f) That the design of the subdivision and its associated improvements
will not conflict with easements acquired by the public at large for
access though or use of property within the proposed subdivision. °--t -
g) That the proposed subdivision promotes the attainment of energy
efficiency and conservation of housing stock, as provided in General
Plan Policy.
RESOILTION LIO. 4010 (23-04-87) 11/09/87
Page -2-
NOW, T7MUTbRE, BE IT RESOLVED:
That upon careful consideration of maps, exhibits, facts, testimony and
other evidence submitted in this matter, the application for Tentative
Subdivision Map is hereby recommended for approval, subject to the
conditions enumerated in this Resolution beginning on Page 2 thereof; and
BE IT FURTHM RESOLVED:
That the subconclusions upon which the findings and conditions specified
in this Resolution are based are contained in the Public Hearing Record
_ concerning Application 23-'IN!-87, as set forth in the Minutes of the
Planning Commission Meeting of November 9, 1987, and are incorporated by
reference as though fully set forth herein.
II) SUS7'ECT
Application No(s) 23--TM-87
`- Applicant: William Avery
Property Owner: William Avery
Location: South side of McClellan Rd. at Mira Vista Dr.
SECTION III• CONDITIONS ALT=STERED BY THE PUBLIC WORKS DEPARMMNT
1. STREET IMPROVEMENTS & DEDICATION
Street widening, improvements, and dedications shall be provided in
accordance with City Standards and specifications and as required by
the City Engineer.
2• CURB, GUTTER & SIDEWALK
Garbs, gutters, sidewalks and structures shall be installed to
grades and be constructed in accordance with standards specified by
the City Engineer. A sidewalk may be required upon development of
the Sims property on the East side of McClellan Road. Upon
demonstration of benefit to the subject development, the developers
may be required to participate in the cost of future off -site
sidewalk improvements.
3. LSGHTING
Street lighting shall be installed and shall be as approved by the
City Engineer. on -street lighting shall be as required by the
Architectural and Site Approval Committee and ordinances and
regulations of the City. All on and off -site lighting shall be
designed to in no way interfere with adjacent areas and shall be no
higher that the maxitmmm height permitted by the zone in which the
property is located.
RESOLUTION NO. 4010 (23-'IId-87) 11/09/87
Page -3-
4. FIRE HYDR IM
Fire hydrants shall be located as required by the City.
TRAFFIC CONTROL SIGNS
Traffic control signs shall be placed at locations to be specified
by the City.
6. STREET TREES
_ Street trees will be planted in the public right-of-way and shall be
of a type approved by the City.
7 . PEDES'TR .AN EASEhgNP
pedestrian easements over the sidewalk area (described in Condition
19b2) shall be prepared by the developer, approved by the City
- Attorney and recorded against the subject property prior to issuance
of building permits.
8. GPADING
Grading shall be as approved and required by the City Engineer in
accordance with Ordinance No. 214(a).
9. DRAITUIGE
Drainage shall be provided to the satisfaction of the City Engineer.
10. UNDEPOZOlND UTILSTIES
The developer shall be responsible for complying with the
requirements of the Underground Utility Ordinance No. 331 and other
related ordinances and regulations of the City of Cupertino, and
shall make the necessary arrangements with the utility companies
involved for the installation of said facilities. The subdivider
shall submit a detailed plan showing utility underground
provisions. (This plan must have prior approval of the utility
companies and the City Engineer.)
� • - is • a- �a is
The project developer shall enter into a development agreement with
the City of Cupertino providing for payment of fees, including but
not limited to checking and inspection fees, storm drain fees, park
dedication fees and fees for undergrounding of utilities. Said
agreement shall be executed prior to issuance of construction
permits.
12. ELECTRICAL AND TELEPHONE TRANSEPIOU R.S
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrounded, such that they are not visible
from public street areas.
RESOI=011 NO. 4010 (23-JIM-87) 11/09/87
Page -4-
13. MCCLELIM ROAD IMPROVE+EMS
Precise alignment and grade of McClellan Road shall be subject to
approval by the City Engineer.
SECTION IV: CONDITIONS A H=STERED BY THE PLANNING DEPAF7LMIIJP
14.
The final map shall reflect dedication in fee of the residual lands
northerly of proposed Lot 4. Said area shall be landscaped, and a
maintenance surety shall be provided, as described in Condition 14
of 7-U-87.
The developer shall provide a maintenance easement in favor of the
City of Cupertino for that portion of Lots 1-4 comprising the
easterly slope as deemed appropriate by the Director of Public
Works. Said area shall be landscaped by the developer who shall
provide a 10-year financial surety for maintenance purposes.
Landscaping details shall be furnished in context of the
ccnprehensive landscape planting diagram required under Condition
19(D) of 7U-87 and shall be subject to staff approval.
15. = = CONFIGURATION
Parcel lines for lots one through four shall extend easterly to the
westerly right of way limit for McClellan Road. The northeast
corner of Lot 4 shall be adjusted at the final map stage to
encaqDass the adjacent retaining wall entirely on private property.
16. RETAINING WAIL
The site's major retaining wall on the east side of the site shall
be provided with tree pockets and other planting materials to
cascade over and cover the wall, commencing southerly of Lot 4, as
required under Condition 19 (C) (1) of 7 U-87.
In accordance with Condition 18 of 7U-87, the developer shall
establish a homeowner's association for the project. The purpose of
said requirement is to provide for collective maintenance of the
retaining wall structure maintenance of landscaping materials
integral to the retaining wall shall be included within the 10-year
financial surety provided under Condition 14 of this Resolution.
RESOLUTION NO. 4010 (23-TM-87) 11/09/87
Page -5-
PASSED AND ADOPTED this 9th dayof November, 1987 at a Regular Meetingof
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the Planning Commission of the City of Cupertino, State of California, by
the following roll call vote:
AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo and Chairman
Mackenzie
NOES: COMMISSIONERS: None
ABSTAIN: COMMIISSIONERS: None
ABSENT: COMMISSIONERS: None
ATTEST: APPROVED:
U2S-LerttriGlitA
Robert Cowan Do ` cke 'iie, . -irman
Director of Planning Cupertino Planning O. I 'ssion
RES23TM87(P6)